passenger on speakerphone - driver speaks - offence?

[davidra]

A hypothetical situation. If the passenger dials a number on his phone, which he is holding, and starts a conversation on speakerphone (ie audible to all in car) and driver joins in conversation (phone can be anywhere in cabin, not to ear) - is an offence committed?

Legally - who is on the phone?

regards
dave

[Fidgits]

no, because the driver has not touched (or held) the phone, so it is not an offence.

[jezzaaa]

davidra said:

A hypothetical situation. If the passenger dials a number on his phone, which he is holding, and starts a conversation on speakerphone (ie audible to all in car) and driver joins in conversation (phone can be anywhere in cabin, not to ear) - is an offence committed?

Legally - who is on the phone?

regards
dave

It would be classed as hands free wouldn't it? Therefore, it doesn't matter. As long as the driver isn't holding the hand set, I don't see a problem.

[TripleS]

jezzaaa said:

davidra said:

A hypothetical situation. If the passenger dials a number on his phone, which he is holding, and starts a conversation on speakerphone (ie audible to all in car) and driver joins in conversation (phone can be anywhere in cabin, not to ear) - is an offence committed?

Legally - who is on the phone?

regards
dave

It would be classed as hands free wouldn't it? Therefore, it doesn't matter. As long as the driver isn't holding the hand set, I don't see a problem.

That sounds right, but it shows just how stupid the current law is. The situation described there could involve several people contributing to the conversation, including the remote person - and that sounds very distracting to a driver, more so than a normal one to one conversation using a hand held phone.

Best wishes all,
Dave.

[Percy Flage]

No different to having a bluetooth handsfree kit fitted.

Except the handfree kit couldn't actually hold the phone or join in the conversation.

[Joe911]

TripleS said:

That sounds right, but it shows just how stupid the current law is. The situation described there could involve several people contributing to the conversation, including the remote person - and that sounds very distracting to a driver, more so than a normal one to one conversation using a hand held phone.

Yes, it's dumb. This is the main reason why creating a law specifically to deal with mobile phones is just plain dumb. There are already laws, I understand, which cover not paying attention and doing other stuff while driving and to specifically pass a law about phones, but not about PDA's, laptops, shaving, tuning in the radio, hunting for a new CD, reading, drawing, iPod'ing, chatting/debating/arguiing, nose picking etc. is stupid.

Does anyone know how the specific laws relating to this are worded?

[Fidgits]

Percy Flage said:

No different to having a bluetooth handsfree kit fitted.

Except the handfree kit couldn't actually hold the phone or join in the conversation.

really?

strange, i should take my handsfree kit back!

[wasted years]

You can still commit the offence of driving without due care or attention.

[Steven Toy]

The offence relating specifically to mobile phone use in cars is cradling the handset with your hand, shoulder/neck, lap or any other part of your body. This applies while moving or stationary in a line of traffic. It does not apply if parked out of the line of traffic with the engine running as many people seem to believe.

It is not an offence to dial a number on your keypad while driving if no part of your body is cradling the handset.

However, failing to exercise proper control of your vehicle/driving withou due care and attention is an offence under pre-existing legislation.

What the specific legislation relating to mobile phones achieves is ensuring that drivers are exercising proper control of their vehicles and from an enforcement POV the police are no longer required to prove that the driver is failing to exercise proper control. Being seen cradling the handset is an offence in itself they can enforce with greater ease.

I agree with the legislation as it is. There is no excuse for cradling a handset as you drive when Bluetooth earpieces cost as little as 15 quid. It makes my blood boil when I see some idiot dawdling in front of me and meandering as though he's pissed only for me to see that he's got his phone glued to his ear and he's steering with his left hand and knee.

Absurdly low speed limits exist on account of such idiots.

Edited by Steven Toy on Tuesday 24th July 16:32

Edited by Steven Toy on Tuesday 24th July 16:33

[TripleS]

Joe911 said:

TripleS said:

That sounds right, but it shows just how stupid the current law is. The situation described there could involve several people contributing to the conversation, including the remote person - and that sounds very distracting to a driver, more so than a normal one to one conversation using a hand held phone.

Yes, it's dumb. This is the main reason why creating a law specifically to deal with mobile phones is just plain dumb. There are already laws, I understand, which cover not paying attention and doing other stuff while driving and to specifically pass a law about phones, but not about PDA's, laptops, shaving, tuning in the radio, hunting for a new CD, reading, drawing, iPod'ing, chatting/debating/arguiing, nose picking etc. is stupid.

Does anyone know how the specific laws relating to this are worded?

Sorry, but no, I don't know the wording - but have patience about the other 'crimes' you listed. They'll no doubt get round to those, and who knows what else, before long.

Best wishes all,
Dave.

[sultanbrown]

Steven Toy said:

The offence relating specifically to mobile phone use in cars is cradling the handset with your hand, shoulder/neck, lap or any other part of your body. This applies while moving or stationary in a line of traffic. It does not apply if parked out of the line of traffic with the engine running as many people seem to believe.

It is not an offence to dial a number on your keypad while driving if no part of your body is cradling the handset.

However, failing to exercise proper control of your vehicle/driving withou due care and attention is an offence under pre-existing legislation.

What the specific legislation relating to mobile phones achieves is ensuring that drivers are exercising proper control of their vehicles and from an enforcement POV the police are no longer required to prove that the driver is failing to exercise proper control. Being seen cradling the handset is an offence in itself they can enforce with greater ease.

I agree with the legislation as it is. There is no excuse for cradling a handset as you drive when Bluetooth earpieces cost as little as 15 quid. It makes my blood boil when I see some idiot dawdling in front of me and meandering as though he's pissed only for me to see that he's got his phone glued to his ear and he's steering with his left hand and knee.

Absurdly low speed limits exist on account of such idiots.

Edited by Steven Toy on Tuesday 24th July 16:32

Edited by Steven Toy on Tuesday 24th July 16:33

Aren't you wrong on several counts?